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All Journal Jurnal Hukum Sehasen Journal of Innovative and Creativity
Nabilah Syaharani
Universitas Pembangunan Panca Budi
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Handling of Juvenile Brawl Crimes through Criminal Law Policy in Medan City Rahul Ardian Fikri; Mhd Azhali Siregar; Muhammad Juang Rambe; Nabilah Syaharani
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.7130

Abstract

This study focuses on criminal law policies in dealing with criminal acts of assault or brawls (tawuran) caused by juvenile delinquency in Medan City. Student brawls have become a trend among teenagers, especially at the high school level and equivalent, which are triggered by various internal and external factors, including family influences, school environment, and social pressure. This study aims to determine the legal basis governing criminal acts of brawls, the factors causing brawl behavior among students, and efforts to overcome them made by law enforcement, the community, and schools. The approach used in this study is a qualitative descriptive method, which includes data collection through interviews and direct observation at the Medan Police Headquarters. The results of the study indicate that factors such as frustration, emotional disturbances, and environmental influences contribute to juvenile delinquency behavior that leads to brawls. This study emphasizes the importance of the Restorative Justice approach in resolving brawl cases and proposes the need for collaboration between educational institutions, law enforcement, and the community to prevent and handle these cases effectively.
The Existence Of Customary Law In Domestic Violence Mediation: Harmonization Between State Law And Customary Law Irma Fatmawati; Rahul Ardian Fikri; Mhd Azhali Siregar; Nabilah Syaharani
JURNAL HUKUM SEHASEN Vol 10 No 2 (2024): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v10i2.7180

Abstract

This study aims to examine the role of customary law in mediating domestic violence (DV) cases and how harmonization between customary law and state law can be realized. In several indigenous communities in Indonesia, dispute resolution, including cases of domestic violence, still relies on customary mechanisms that are collective and based on deliberation. However, this often conflicts with state law which has strict rules regarding criminal acts of domestic violence. The research method used is a juridical-empirical approach with case studies in several indigenous communities in Central Aceh. The results of the study show that customary law has a strong existence in handling cases of domestic violence through mediation, where perpetrators and victims are invited to reconcile by involving customary elders. However, there are still challenges in harmonization between customary law and state law, especially in terms of implementing sanctions and protecting victims. This study concludes that harmonization between customary law and state law is needed to create comprehensive justice, where customary law can be recognized as an effective dispute resolution mechanism, but remains in line with the principles of state legal protection for victims of domestic violence. To achieve this, regulatory and policy efforts are needed that are able to integrate the two legal systems proportionally.
Notary Ethics in the Transfer of Fictitious Land Rights: The Role of Notaries in Preventing Property Fraud in the Case of Nirina Zubir Fake Certificates Dito Aditia Darma Nst; Nabilah Syaharani; Lucas Medianov Grand; Citra Nurdiana; Ziqra Elfhadjri; Defri Dwi Saputra; Rizki Nanda Fauzi Harahap
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.5476

Abstract

The land mafia case involving forged certificates belonging to Nirina Zubir’s family highlights weaknesses in the integrity, professionalism, and supervision of notary practices in the transfer of land rights. The involvement of notaries in preparing deeds and legalizing false documents shows that their function as public officials responsible for ensuring the authenticity of identities and the formal validity of documents was not carried out according to legal and ethical standards. This situation causes significant losses for landowners and threatens public legal certainty, making an in-depth study of notary ethical accountability necessary. This research uses a normative juridical method with three approaches. First, a legislative approach to examine notary obligations, authority, and limits of responsibility under the Notary Law, Notary Code of Ethics, PPAT regulations, and land laws. Second, a case approach analyzing the chronology and role of notaries in the forgery of Nirina Zubir’s land certificates. Third, a conceptual approach using Hans Kelsen’s theory of legal liability and Gustav Radbruch’s theory of legal certainty. The findings show that notaries who facilitate fictitious land transfers commit ethical, administrative, and criminal violations by ignoring prudence, integrity, objectivity, and identity verification duties. According to Kelsen, violating legal norms results in sanctions as normative accountability. Radbruch’s perspective emphasizes that such practices undermine legal certainty. Strengthening ethics, improving supervision, and enforcing strict verification are essential to prevent property fraud.
Co-Authors Citra Nurdiana Defri Dwi Saputra Dito Aditia Darma Nasution Irma Fatmawati Lucas Medianov Grand Mhd Azhali Siregar Muhammad Juang Rambe Rahul Ardian Fikri Rizki Nanda Fauzi Harahap Ziqra Elfhadjri